Patna High Court
Prince Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Prince Kumar Rai, was charged under Sections 126(2), 115(2), 109(1) and 308(5) of the Bihar Narcotic Substances Act, 2023, read with Section 3(5) and Section 27 of the Arms Act for allegedly demanding Rs. 50,000 as extortion, assaulting, and firing upon the brother of an informant. The petitioner contended that he was falsely implicated, there were no independent witnesses, no firearm or cartridges were recovered, and the injury report was inconclusive. The State and the informant opposed bail, asserting that the victim’s statement specifically named the petitioner as the shooter. The court considered the lack of physical evidence, the petitioner’s prolonged custody since June 13, 2025, and the submission of the chargesheet. It ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other standard bail conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and the evidence presented.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 126(2), 308(5), 3(5), 480(3)
Subjects
- bail
- extortion
- assault
- firearms
- Arms Act
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72826 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- AGIAON BAZAR District- Bhojpur
======================================================
Prince Kumar Rai Son of Late Haresh Kumar Rai, Resident of village -
Teladh, P.S.- Agiaon Bazaar, District - Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance:
For the Petitioner : Mr. Navin Kumar Singh, Advocate
For the State : Mr. Madhura Nand Jha, APP
For the Informant : Mr. Ramadhar Shekhar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Agiaon Bazaar P.S. Case No. 26 of 2025 dated
14.03.2025, registered for the offences punishable under
Sections 126(2), 115(2), 109(1) and 308(5) read with Section
3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, petitioner and co-
accused Rohit Kumar demanded Rs. 50,000/- as extortion
money from the brother of the informant and when he refused to
pay, they started assaulting him. The co-accused caught hold of
the brother of the informant and this petitioner fired upon him
on his chest and both of them fled away from the spot.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
Patna High Court CR. MISC. No.72826 of 2025(3) dt.06-01-2026
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the present case and no occurrence in the manner as alleged has
ever taken place. There is no independent witnesses for alleged
demand of extortion or firing. There is no recovery of any fire-
arm or cartridges live or spent from the place of occurrence or
from the person or possession of this petitioner. The injury
report shows fire-arm injury on the victim, but the report merely
states that the injury may be due to gun shot. He further submits
that no bullet or projectile has been recovered or matched to any
weapon allegedly possessed by the petitioner. There is no
charring or blackening as it has been alleged in the FIR that
firing was made from close range and this falsifies the allegation
against the petitioner. Learned counsel next submits that
petitioner is having antecedent of two cases in which he is on
bail and chargesheet has been submitted. Learned counsel lastly
submits that petitioner is in custody since 13.06.2025.
5. Learned A.P.P. appearing on behalf of the State
and learned counsel for the informant vehemently oppose the
submissions made on behalf of the petitioner. Learned counsel
for the informant submits that there is specific allegation against
this petitioner that he fired upon the brother of the informant
and the statement of the victim was also recorded, who also
named this petitioner.
Patna High Court CR. MISC. No.72826 of 2025(3) dt.06-01-2026
3/3
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and submission of
chargesheet, the petitioner, above-named, is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-I,
Ara / concerned Court, in connection with Agiaon Bazaar P.S.
Case No. 26 of 2025, subject to the condition laid down under
Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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